Today, Scottish Government launched a pre-legislative consultation on a redress scheme for childhood abuse in care.
A link to the consultation webpage is here. The consultation closes on 25 November 2019. Scottish Government has committed to introducing a Bill for a redress scheme in spring 2020 and for the legislation to be passed, assuming parliamentary approval, before March 2021. Royal Assent and possibly also a commencement order would then be needed to bring the Act’s provisions into force.
A Scottish Government commissioned panel, the Scottish Human Rights Commission InterAction Action Plan Review Group, has reported to the Scottish Government that the state has a duty to ensure effective remedies for violations of human rights, including abuse in care. The panel has called for legislation on this by the end of the Scottish parliamentary session in 2021. It has also recommended that there should be an early payment scheme in place to benefit older survivors of abuse in residential care settings. The Scottish Government has undertaken to give these recommendations “early, detailed and sensitive consideration” and to “report back to parliament in due course”. Continue reading
The Scottish Parliament’s Justice Committee has endorsed the general principles of the Bill proposing the retrospective abolition of limitation in cases of childhood abuse. Nonetheless, significant issues of detail and relevant concerns have been flagged in the Committee’s Stage 1 Report. This is now for further consideration by the Scottish Government. We summarise the position taken by the Committee on pre-26 September 1964 abuse then list the issues which have been flagged for further attention. Continue reading
The Scottish Government’s Programme for Government 2016 / 2017 has been revealed on 6 September. Before June 2017, the Scottish Government intends to introduce the Limitation (Childhood Abuse) (Scotland) Bill to the Scottish Parliament. When making the announcement of the legislative programme upon this, Nicola Sturgeon, the First Minister of Scotland said that the Bill “fulfils a recommendation from the Scottish Human Rights Commission.” She added “As the Human Rights Commission has pointed out, the three year limitation rule is not appropriate for child abuse” explaining that, “the reasons for victims not coming forward until later in life are entirely understandable.” She concluded by advising the Scottish Parliament that “This Bill will ensure that the justice system works better for victims of such terrible crimes.”
Written by Frank Hughes, Partner
As we reported on this blog on 28 July 2016, Lady Smith, a Scottish Judge since 2001 and, from 2011, a Scottish Appeal Court Judge, is the new Chair of the Scottish Child Abuse Inquiry. Unlike the English and Welsh Inquiry, the present remit of the Scottish Inquiry excludes non-State institutions. Hence, for instance, those alleging abuse in religious settings in the community, in contrast to State-provided care institutions, are not covered at present by the Scottish Inquiry.
Pressure is, though, building to extend the Scottish Inquiry’s scope. Alan Draper, spokesman for In Care Abuse Survivors (Incas) was reported, in the 31 August 2016 Herald newspaper, as saying that “we put forward (to the Deputy First Minister of Scotland, John Swinney) a powerful argument about extending (the scope of the Scottish Inquiry).” He adds, though, that he is “not hopeful”.
A bill proposed by the Scottish Government seeks to remove limitation in child abuse claims. We have previously commented on some of the issues which arise one of which is in connection with prescription.
The Chair of the Scottish Child Abuse Inquiry, Susan O’Brien QC has resigned. The Deputy First Minister has written to parliament advising he had already initiated a formal process which could have led to removal of the chair from her post. Continue reading